|
| |
|
(7) | This paragraph applies to a disclosure by a person other than a member |
| |
of the police service or an officer of the court if the juror information is |
| |
disclosed in accordance with jury check guidelines. |
| |
(8) | This paragraph applies to a disclosure for the purposes of criminal |
| |
proceedings (but not for the purposes of any proceedings in relation to |
| 5 |
which the person to whom the juror information relates may be, is, or |
| |
| |
(9) | This paragraph applies to a disclosure made with leave of a court. |
| |
26C | Interpretation of Articles 26A and 26B |
| |
(1) | This Article applies for the purposes of Articles 26A and 26B. |
| 10 |
(2) | “Court official” means— |
| |
(a) | an officer of the court (see Article 2(2)), or |
| |
(b) | a court security officer. |
| |
(3) | “Electoral officer” means— |
| |
(a) | the Chief Electoral Officer for Northern Ireland, or |
| 15 |
(b) | a person to whom any of his functions are delegated under |
| |
section 14A(2) of the Electoral Law Act (Northern Ireland) 1962 |
| |
or Article 9(2) of the Electoral Law (Northern Ireland) Order |
| |
| |
(4) | “Juror information” means information which identifies (or from which |
| 20 |
it is possible to identify) a particular person as being or as having |
| |
| |
| |
(b) | listed on any Divisional Jurors List or on any panel prepared |
| |
| 25 |
(c) | selected for inclusion on any such List under Article 4(1) and (2). |
| |
(5) | “Jury check guidelines” means guidelines issued by the Attorney |
| |
General relating to the making of additional checks on jurors and the |
| |
exercise by the Crown of its right under Article 15(4). |
| |
(6) | “Member of the police service” means— |
| 30 |
(a) | a member of the Police Service of Northern Ireland; |
| |
(b) | a member of the Police Service of Northern Ireland Reserve; |
| |
(c) | a member of the police support staff (within the meaning of the |
| |
Police (Northern Ireland) Act 2000).” |
| |
(2) | Schedule 2 (restrictions on disclosure of juror information: further |
| 35 |
amendments) shall have effect. |
| |
(3) | Subsection (1) does not have effect in relation to— |
| |
(a) | any information which identifies (or from which it is possible to |
| |
identify) a particular person as having been a juror before the date on |
| |
which that subsection comes into force, or |
| 40 |
(b) | any information made available for inspection under Article 4 or 7 of |
| |
the Juries (Northern Ireland) Order 1996 (S.I. 1996/1141 (N.I. 6)) before |
| |
| |
|
| |
|
| |
|
10 | Chief Electoral Officer to provide additional information to Juries Officer |
| |
(1) | The Juries (Northern Ireland) Order 1996 (S.I. 1996/1141 (N.I. 6)) is amended |
| |
| |
(2) | In Article 4 (preparation of Jurors Lists), in paragraph (3), omit “whose name |
| |
| 5 |
(3) | In Article 4, after paragraph (3) insert— |
| |
“(3A) | The list referred to in paragraph (3) shall include the following |
| |
information in respect of each person included in it— |
| |
(a) | the person’s full name; |
| |
(b) | the person’s address; |
| 10 |
(c) | the person’s date of birth; and |
| |
(d) | the person’s national insurance number or a statement that he |
| |
| |
(4) | In Article 4, in paragraph (7)— |
| |
(a) | for the words from “full name” to “the occupation” substitute |
| 15 |
“following information in respect”; |
| |
| |
“(a) | the person’s full name; |
| |
(b) | the person’s address; |
| |
(c) | the person’s date of birth; |
| 20 |
(d) | the person’s national insurance number or a statement |
| |
that he does not have one; and |
| |
(e) | subject to paragraph (10)(b), the person’s occupation.” |
| |
(5) | In Article 6 (form of panel), in paragraph (1), omit “with their addresses, and |
| |
(subject to Article 4(10)(b)) occupations”. |
| 25 |
(6) | In Article 6, after paragraph (1) insert— |
| |
“(1A) | The panel shall include the following information in respect of each of |
| |
| |
(a) | the person’s address; |
| |
(b) | the person’s date of birth; |
| 30 |
(c) | the person’s national insurance number or a statement that he |
| |
| |
(d) | (subject to Article 4(10)(b)) the person’s occupation.” |
| |
11 | Jurors found to be disqualified before being summoned |
| |
In Article 8 of the Juries (Northern Ireland) Order 1996 (summoning of jurors), |
| 35 |
after paragraph (1) insert— |
| |
“(1A) | But if the Juries Officer is satisfied, as a result of a check undertaken by |
| |
an officer of the court for the purpose, that a juror whose name is |
| |
| |
(a) | disqualified for jury service; or |
| 40 |
(b) | not qualified for jury service in the court to be specified in the |
| |
| |
| the Officer shall not summon the juror under paragraph (1).” |
| |
|
| |
|
| |
|
12 | Abolition of peremptory challenge in criminal cases |
| |
(1) | Article 15 of the Juries (Northern Ireland) Order 1996 (S.I. 1996/1141 (N.I. 6)) |
| |
(challenges in criminal cases) is amended as follows. |
| |
(2) | In paragraph (1), omit sub-paragraph (a) (including the word “and” at the end). |
| |
(3) | In paragraph (2), for “shall challenge only” substitute “may challenge any juror |
| 5 |
| |
(4) | After paragraph (4) insert— |
| |
“(5) | In addition and without prejudice to any powers which the court may |
| |
possess to order the exclusion of the public from any proceedings the |
| |
judge may order that the hearing of a challenge for cause shall be in |
| 10 |
| |
| |
| |
(1) | In section 71(1) of the Northern Ireland Act 1998 (c. 47) (Human Rights |
| |
Commission: Convention rights proceedings: restrictions) for “section 6(2)(c), |
| 15 |
24(1)(a) or 69(5)(b)” substitute “6(2)(c) or 24(1)(a)”. |
| |
(2) | After section 71(2) of that Act insert— |
| |
“(2A) | Subsection (1) does not apply to the Commission. |
| |
(2B) | In relation to the Commission’s instituting, or intervening in, human |
| |
| 20 |
(a) | the Commission need not be a victim or potential victim of the |
| |
unlawful act to which the proceedings relate, |
| |
(b) | section 7(3) and (4) of the Human Rights Act 1998 (c. 42) (breach |
| |
of Convention rights: sufficient interest, &c.) shall not apply, |
| |
(c) | the Commission may act only if there is or would be one or |
| 25 |
more victims of the unlawful act, and |
| |
(d) | no award of damages may be made to the Commission |
| |
(whether or not the exception in section 8(3) of that Act applies). |
| |
(2C) | For the purposes of subsection (2B)— |
| |
(a) | “human rights proceedings” means proceedings which rely |
| 30 |
| |
(i) | section 7(1)(b) of the Human Rights Act 1998, or |
| |
(ii) | section 69(5)(b) of this Act, and |
| |
(b) | an expression used in subsection (2B) and in section 7 of the |
| |
Human Rights Act 1998 has the same meaning in subsection |
| 35 |
| |
14 | Investigations: evidence |
| |
After section 69 of the Northern Ireland Act 1998 (Human Rights Commission |
| |
|
| |
|
| |
|
| |
“69A | Investigations: evidence |
| |
(1) | For the purpose of an investigation under section 69(8) the Commission |
| |
may by notice in writing require a person— |
| |
(a) | to provide information in his possession, |
| 5 |
(b) | to produce documents in his possession, or |
| |
(c) | to give oral evidence. |
| |
(2) | A notice may include provision about— |
| |
(a) | the form of information, documents or evidence; |
| |
| 10 |
| |
(a) | may not require a person to provide information that he is |
| |
prohibited from disclosing by virtue of an enactment, |
| |
(b) | may not require a person to do anything that he could not be |
| |
compelled to do in proceedings before the High Court, and |
| 15 |
(c) | may not require a person to attend at a place unless the |
| |
Commission undertakes to pay the expenses of his journey. |
| |
(4) | The Commission may issue a notice under subsection (1) only if it has— |
| |
(a) | considered whether the matter to which the notice relates has |
| |
already been sufficiently investigated by another person, and |
| 20 |
(b) | concluded that it has not. |
| |
(5) | The recipient of a notice may apply to a county court to have the notice |
| |
cancelled on the grounds that the requirement imposed by the notice— |
| |
(a) | is unnecessary having regard to the purpose of the investigation |
| |
to which the notice relates, |
| 25 |
(b) | contravenes subsection (4) or section 69D, or |
| |
(c) | is otherwise unreasonable. |
| |
(6) | Subsection (7) applies where the Commission thinks that a person— |
| |
(a) | has failed without reasonable excuse to comply with a notice, or |
| |
(b) | is likely to fail without reasonable excuse to comply with a |
| 30 |
| |
(7) | The Commission may apply to a county court for an order requiring a |
| |
person to take such steps as may be specified in the order to comply |
| |
| |
(8) | A person commits an offence if without reasonable excuse he— |
| 35 |
(a) | fails to comply with a notice, |
| |
(b) | fails to comply with an order under subsection (7), |
| |
(c) | falsifies anything provided or produced in accordance with a |
| |
| |
(d) | makes a false statement in giving oral evidence in accordance |
| 40 |
| |
(9) | A person who is guilty of an offence under subsection (8) shall be liable |
| |
on summary conviction to a fine not exceeding level 5 on the standard |
| |
| |
|
| |
|
| |
|
(10) | A notice under this section may not require the Public Prosecution |
| |
Service for Northern Ireland to supply documents or evidence about a |
| |
decision whether or not to institute or continue criminal proceedings. |
| |
69B | Investigations: national security |
| |
(1) | Where a person is given a notice under section 69A(1) he shall |
| 5 |
disregard it, and notify the Commission that he is disregarding it, in so |
| |
far as he thinks it would require him— |
| |
(a) | to disclose sensitive information within the meaning of |
| |
paragraph 4 of Schedule 3 to the Intelligence Services Act 1994 |
| |
(c.13) (Intelligence and Security Committee), |
| 10 |
(b) | to disclose information which might lead to the identification of |
| |
an employee or agent of an intelligence service (other than one |
| |
whose identity is already known to the Commission), |
| |
(c) | to disclose information which might provide details of |
| |
processes used in recruiting, selecting or training employees or |
| 15 |
agents of an intelligence service, |
| |
(d) | to disclose information which might provide details of, or |
| |
cannot practicably be separated from, information falling |
| |
within any of paragraphs (a) to (c), |
| |
(e) | to make a disclosure of information relating to an intelligence |
| 20 |
service which would prejudice the interests of national security, |
| |
| |
(f) | to make a disclosure of information relating to the Police Service |
| |
of Northern Ireland which would prejudice the interests of |
| |
| 25 |
(2) | Where in response to a notice under section 69A(1) a person gives a |
| |
notice to the Commission under subsection (1) above— |
| |
(a) | section 69A(7) and (8) shall not apply in relation to that part of |
| |
the notice under section 69A(1) to which the notice under |
| |
subsection (1) above relates, |
| 30 |
(b) | the Commission may apply to the tribunal established by |
| |
section 65 of the Regulation of Investigatory Powers Act 2000 (c. |
| |
23) for an order requiring the person to take such steps as may |
| |
be specified in the order to comply with the notice, |
| |
(c) | the following provisions of that Act shall apply in relation to |
| 35 |
proceedings under this subsection as they apply in relation to |
| |
proceedings under that Act (with any necessary |
| |
| |
(i) | section 67(7), (8) and (10) to (12) (determination), |
| |
(ii) | section 68 (procedure), and |
| 40 |
(iii) | section 69 (rules), and |
| |
(d) | the tribunal shall determine proceedings under this subsection |
| |
by considering the opinion of the person who gave the notice |
| |
under subsection (1) above in accordance with the principles |
| |
that would be applied by a court on an application for judicial |
| 45 |
review of the giving of the notice. |
| |
(3) | Where the Commission receives information or documents from or |
| |
relating to an intelligence service in response to a notice under section |
| |
69A(1), the Commission shall store and use the information or |
| |
|
| |
|
| |
|
documents in accordance with any arrangements specified by the |
| |
| |
(4) | The recipient of a notice under section 69A(1) may apply to the High |
| |
Court to have the notice cancelled on the grounds that the requirement |
| |
imposed by the notice is undesirable for reasons of national security, |
| 5 |
other than for the reason that it would require a disclosure of a kind to |
| |
which subsection (1) above applies. |
| |
(5) | An investigation under section 69(8) may not consider— |
| |
(a) | whether an intelligence service has acted (or is acting) in a way |
| |
which is incompatible with a person's human rights, or |
| 10 |
(b) | other matters concerning human rights in relation to an |
| |
| |
(6) | In this section “intelligence service” means— |
| |
(a) | the Security Service, |
| |
(b) | the Secret Intelligence Service, and |
| 15 |
(c) | the Government Communications Headquarters.” |
| |
15 | Investigations: access to prisons, &c. |
| |
(1) | After section 69B of the Northern Ireland Act 1998 (c. 47) (inserted by section |
| |
| |
“69C | Investigations: places of detention |
| 20 |
(1) | For the purpose of an investigation under section 69(8) a person |
| |
authorised in writing by the Commission may enter a specified place of |
| |
detention in Northern Ireland on one or more occasions during a |
| |
| |
(2) | In subsection (1) “specified” means specified in the terms of reference |
| 25 |
| |
(3) | In subsection (1) “place of detention” means— |
| |
(a) | a prison specified in the Schedule to the Prisons and Young |
| |
Offenders Centres Rules (Northern Ireland) 1995, |
| |
(b) | a place used for the purpose of detaining arrested persons in a |
| 30 |
police station designated under Article 36 of the Police and |
| |
Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/ |
| |
| |
(c) | a place designated under paragraph 1 of Schedule 8 to the |
| |
Terrorism Act 2000 (c.11) (detention), |
| 35 |
(d) | in a building where a court sits, a place used for the purpose of |
| |
detaining arrested persons, |
| |
(e) | a juvenile justice centre provided under Article 51 of the |
| |
Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. |
| |
| 40 |
(f) | the secure accommodation in Bangor provided and used in |
| |
accordance with Article 44 of the Children (Northern Ireland) |
| |
Order 1995 (S.I. 1995/755 (N.I. 2)), |
| |
(g) | a removal centre or short-term holding facility within the |
| |
meaning of section 147 of the Immigration and Asylum Act 1999 |
| 45 |
| |
|
| |
|
| |
|
(h) | any accommodation (including accommodation in a hospital) |
| |
provided for the purpose of detention under the Mental Health |
| |
(Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4.)). |
| |
(4) | The Commission may specify a place of detention in the terms of |
| |
reference of an investigation only if it has— |
| 5 |
(a) | considered whether the matter in respect of which the place is |
| |
specified has already been sufficiently investigated by another |
| |
| |
(b) | concluded that it has not. |
| |
(5) | The power under subsection (1) may not be exercised— |
| 10 |
(a) | during the period of 15 days beginning with that on which |
| |
copies of the terms of reference of the investigation are |
| |
provided in accordance with section 69D(1)(b), or |
| |
(b) | while an application under subsection (6), made during that |
| |
period, has not yet been determined. |
| 15 |
(6) | A county court may, on the application of a person who appears to the |
| |
court to be responsible for a place of detention specified in terms of |
| |
| |
(a) | order that the power under subsection (1) may not be used to |
| |
enter the place of detention; |
| 20 |
(b) | impose restrictions on the exercise of the power in relation to |
| |
| |
(c) | require the Commission to amend the terms of reference. |
| |
(7) | An order may be made under subsection (6) only if the court thinks |
| |
| 25 |
(a) | access to the place of detention is unnecessary having regard to |
| |
the purpose of the investigation, |
| |
(b) | it would be unreasonable to allow the Commission access to the |
| |
| |
(c) | the Commission has failed to comply with subsection (4) or |
| 30 |
| |
(8) | In considering whether to make an order under subsection (6), and in |
| |
considering the terms of an order under subsection (6)(b), the court |
| |
shall have regard, in particular, to the likely impact of the use of the |
| |
power under subsection (1) on the operation of the place of detention. |
| 35 |
(9) | If a person obstructs the Commission in the exercise of the power under |
| |
subsection (1) the Commission may apply to a county court for an order |
| |
requiring the person not to obstruct the Commission. |
| |
(10) | A person commits an offence if without reasonable excuse he fails to |
| |
comply with an order under subsection (9). |
| 40 |
(11) | A person who is guilty of an offence under subsection (10) shall be |
| |
liable on summary conviction to a fine not exceeding level 5 on the |
| |
| |
(12) | The Secretary of State may by order amend subsection (3).” |
| |
(2) | In section 96(2) of the Northern Ireland Act 1998 (c. 47) (orders) after “55,” |
| 45 |
| |
|
| |
|